Adcock v Commonwealth [1960] HCA 24

High Court of Australia Dixon C.J. Fullagar, Kitto, Menzies and Windeyer JJ. Adcock v Commonwealth [1960] HCA 24

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

May 19 Dixon C.J.

This is an appeal by special leave from the Magistrates Court at Brisbane exercising federal jurisdiction under s. 20 of the Commonwealth Employees' Compensation Act 1930-1956. The appellant was badly injured in a motor accident on the evening of Thursday, 10th July 1958, as he drove from Amberley R.A.A.F. station or base to Brisbane. He claimed compensation under s. 9A of that Act. He was a leading aircraftsman of the R.A.A.F. quartered at the R.A.A.F. establishment at Amberley. His actual work was that of a motor transport fitter at No. 3 aircraft depot. The information before us about the camp or establishment, the manner in which it is commanded and administered, the orders and instructions as to leave and the theoretical as well as the practical duties of the appellant is indeed exiguous. It is said that the establishment is under command, but the personnel like Adcock were at liberty to go away from the "camp" outside hours when "on duty". Adcock usually worked as a fitter from 7.40 a.m. to 4.50 p.m., when he was stood down. He lived in the camp in a hut which he shared with another member of the Air Force. On Thursday, 10th July 1958, a film was advertised to be shown at the Temperance Hall, Brisbane, and he and a companion designed to see it, driving to Brisbane for the purpose in Adcock's own car.

He was "stood down" at the usual time. There happened to be a car in the car park which needed some attention. It belonged to a friend who was ready to make, in respect of any work he did upon it, a contribution to the funds of a Church Young People's Group in which they were both interested. Adcock spent half an hour or so putting the car right. Then he had his meal, cleaned himself up at the hut and went off in civilian clothes upon his journey to Brisbane. On the road he met with an accident resulting in serious injuries.